Contrast On Sino-France Rescission Of Labor Contracts

Early in 1995,《Labor Law》was established by Chinese government. However, the articles in the book were more like introductory principles instead of operative rules. As a result of this, the social vulnerable groups are not protected in practice, whereas the employers are confused. Later,《Labor Contracts Law》was established, especially concerning every step of labor contracts from setup to cancellation, as well as the responsibilities and obligations for breach of which. Unfortunately, since theories on the law of labor contracts are more or less unsophisticated in China, even the《Labor Contracts Law》is somehow a paradox in many parts.On the other side of the earth, France is a symbol of continental law system. Evolution of《Labor Contracts Law》in France has passed its historical procedure from less protection for employees to high concern of employees' rights. When we compare the law systems between the tow states, we notice that both originated from the continental law system, which gives a hint that labor contracts laws in France may be a good reference for us.In regard to the above, I try to launch some suggestions for the completion of Labor Contracts Law system through his sound research on the subject.Comparison research is applied in this article to analyze the rescission of labor contracts and subsequent remedies, four parts involved.The first part of the article concentrates on theories of the subject including the definition of rescission of labor contracts, its classification, and its attributes. The second part concentrates the characteristics of related issues in France. For example, the termination of labor contract is divided into unilaberal and bilaberal termination in France, and what's more, the termination due to individual reasons and that due to economic reasons, thereafter being with different relevant causes and procedures. The third part analyzes the background, situation, and weakness of labor contracts laws in China. In the final part of the article, it will come to my conclusion and suggestions as the following. Especially in the filed of employees' unilateral termination of labor contract, the improvement of economic dismission system, and in the field of the prohibition of business strife concerned, and the pluralism of the compensation system for the termination of labor contract.First, it is confused between Rescission and Termination of labor contracts in practice. Rescission of Contracts includes legal rescission and agreed rescission, but Termination is an objective fact which hasn't the distinction of being legal or agreed. Neither《Labor Law》nor《Labor Contracts Law》distinguish the definition between Rescission and Termination, which lead to many troubles in daily life.Second, author gives some suggestions about individual economic dismission and collective economic dismission. Beacause of their different scales, they have different influences for both employees and employers. In order to protect the interests of the labors, and also the efficiencies of the enterprises, we should distinguish the individual economic dismission and collective economic dismission in the respect of the procedures and the remedies.Third, as to the protection of competition, both employers and employees are in controversy. In spite of general regulations in《Labor Contracts Law》, consent in most cases becomes the only choice of employees in face of contracts drafted by employers. Many unbalanced rights and obligations in the contracts result in a restricted flow of labors and less opportunities for labors. Another issue is on disputes as to the standard of compensation, since employers complain that the subsequent compensation from labors is always much less than the employers' loss, while the labor believes the other way. Further more, there exist many questions for us in regarding to the remedies after rescission of contracts. Means of remedy may be more diversified despite of cash compensation only. Administrative or even legal actions may be taken for those who shall be responsible for the breach of contracts. Compensations can also be diversified with different industries, employees' duties etc.Finally, trade union may become the breakpoint in research of rescission of labor contracts, although at least now, trade unions in China are more like a mere formality, not to mention protection of labor's rights. To change the situation,《Labor Contracts Law》suggests previous consents from trade unions, but that's still far away from satisfaction, since employers are not legally bound to accept suggestions from trade unions. Meanwhile, trade union has too many missions, with the legal nature both from public law and private law. This confuses the real responsibility of trade union.